Law for Bail Conditions in India
The law pertaining to conditions for bail are encapsulated under the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 2(b) of BNSS defines bail and reads as – “‘bail’ means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond”. Here, the scope for imposition of certain conditions by an officer or Court on execution of bail bond is all about the bail conditions. For all kinds of bails under the criminal laws, the Courts apply certain conditions upon the accused while releasing him/her on bail.
While Sections 478, 480, 482 and 483 of the Bharatiya Nagarik Sanhita lay down the different stages and situations when bail may be extended, they also suggest the conditions for bail. The law for bail conditions requires the accused person to religiously follow the same. In case of otherwise, the Court is empowered to cancel the bail and the person will have to get back in custody.
Outline of Conditional Bail
Since the conditions for bail in India are not specific, it has been a practice over the years to impose some routine conditions. However, once in a while the Courts impose some bail conditions which make headlines. Given below is the usual course followed in terms of bail conditions:
- Standard Conditions
- Additional Conditions
- Conditions Specific to the Case
- Revocation of Bail
What are the Conditions for Bail in India?
As explained above, the Bharatiya Nagarik Suraksha Sanhita does provide for imposition of bail conditions when an accused is released. However, the BNSS does not state the specific conditions to be specified in the bail order. Thus, it is the discretion of the Courts concerned before whom the application for bail is presented for adjudication. Some of the common examples of bail conditions are as follows:
- Restriction on leaving the country while on bail unless allowed by a Court of Law (Courts usually require the accused to surrender their passports);
- Restriction on leaving the city in certain cases;
- Restriction on roaming around the place of residence of the victim;
- Restriction from leaving the specified space (usually the cases of house arrest);
- Restriction on tampering with the evidence or interfering/threatening the witnesses connected with the matter in hand;
- Restriction from alienating any asset in case of economic crimes;
- Restriction on the accused from committing any further offence similar to the one he/she is accused of, while being released on bail;
- Requirement for the accused to surrender any licensed weapons held by the accused, if he/she is involved in a violence;
- Requirement for the accused to be available for Police investigation as and when required;
- Requirement for the accused to regularly present himself before the Court for the purpose of attendance.
Why do Courts impose Bail Conditions?
There could be several reasons for why the lawmakers deemed it important for the Courts to order conditions for bail when releasing the accused on an interim basis. The same have been listed below:
- To make sure about the accused’s presence during the Court trial;
- For restricting the accused from tampering/interfering with the evidence;
- For restricting the accused person from threatening or interfering with the witnesses of the Court case;
- To make sure the accused person returns to custody as and when required;
- To make sure that the accused does not commit further offence if the bail application is allowed by the Court;
In conclusion, the mere idea behind the legislature requiring the Trial Courts or Bail Courts imposing conditions while allowing bail is to uphold the administration of justice while balancing the right to liberty of the accused.
Non-Compliance with Bail Conditions
So far, we have understood about the imposition and types of conditions for bail in India. However, there is one thing yet to be addressed, as in what is the expected outcome if the accused person does not follow the same? What happens if bail conditions are violated?
It may be understood that the conditions for bail signify that the bail order passed in favour of the accused is conditional, and may be taken back/revoked. Thus, in case any one or more crucial conditions for bail are violated/disobeyed by the accused and the same is informed to the Police or Court, the Court concerned may cancel the bail order passed in favour of the accused. In such a case, the person will be back in custody. This may also have some negative impact on the case.
